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Sunday, 06.10.2024, 12:13
Legal support in divorce process with a foreigner
Divorce at a sworn notary
In comparison to
a divorce through court proceedings, a divorce at a sworn notary is much easier
and faster procedure, but it is possible only in case, when there are no
disagreements of divorcing issues between spouses. If one of the spouses won’t
revoke the submission regarding divorce in written form within 30 days,
counting from the day of commencement of the divorce matter, marriage will be
divorced.
Going to a sworn
notary in possible, if one of the spouses continuously resides in Latvia on a
legal basis within 1 year before a submission regarding divorce is received, or
both spouses are Latvian Republic nationals. It is necessary to take into
account, that you may need documents that confirms you residence in the country.
If both spouses don’t have continuous residence in Latvia (except cases, when
both are Latvian nationals), divorce at a sworn notary in Latvia is not
possible.
Divorce at a court
If disagreements
between spouses don’t allow making a joint submission, divorce procedure will
happen through court proceedings. An action may be brought before a court based
on the declared place of residence of the plaintiff, but if none, the actual place
of residence of the plaintiff if there are minor children with the plaintiff,
defendant is serving a sentence in a penal institution, or defendant does not
have a declared place of residence, place of residence is unknown or is located
abroad. If one of the spouses doesn’t agree to divorce, a court dissolves a
marriage, if marriage is actually ended, the
spouses have lived separately for three years, and one of the spouses
explicitly does not want to renew it. In some cases provided by the law it is
possible to dissolve a marriage, if the spouses have lived separately for less
than three years. Court requirements for residence of foreigners are similar to
identical requirements at a sworn notary.
Court
procedure is long and expensive in some cases; the examination of the case may
take more than half of a year. In addition to a State fee, it is necessary to
pay for all expenses incurred for the purposes of conducting a case.
Required documents
One of the most
important aspects is a place of marriage registration. If marriage is
registered abroad, it’s essential to add marriage to a Latvian Population
register. If it’s not done, managing divorce procedure in Latvia is not
possible.
In case, when
one of the spouses doesn’t have an opportunity to visit Latvia, proper power of
attorney of another person (except the other spouse) is needed to take all
necessary actions to complete the process. A power of attorney must be
notarized at the absent person’s place of residence. If an authorization is
issued by non-EU country, it’s also necessary to provide apostille
(legalization) of the document.
Support in divorce process with a foreigner in Latvia
INLAT PLUS international provide full legal support during
the divorce procedure involving foreign citizens. We provide:
·
Assistance in forming all necessary documents;
·
Providing the procedure of document legalization and
apostille;
·
Document translation to Latvian, providing the
procedure of notarization;
·
Representing the interests of one of the spouses at a
sworn notary, and during court proceedings.
Contact
information
In order to get
a free consultation and additional information you can contact us by phone,
email or coming to our INLAT PLUS
international office:
Office phone
number: (+371) 672 997 76
Mobile phone
number: (+371) 296 216 15
E-mail:
[email protected]
Address:
Krišjāņa Valdemāra iela 38-612, Riga, Latvia